What a property sale and purchase contract looks like
A sale and purchase contract (contrato de compraventa) is the agreement by which the seller transfers the home and the buyer pays the price. It can be signed as a private document, but to register the home at the Land Registry (Registro de la Propiedad) you need a public deed (escritura pública) before a notary. Beforehand, a deposit contract (contrato de arras) is usually signed to reserve the home.
Who pays the costs and taxes
Unless otherwise agreed: the buyer pays transfer tax (ITP) on resale homes (or VAT (IVA) and stamp duty (AJD) on a new build), registration at the Land Registry and the copies of the deed; the seller pays for the original deed (escritura matriz) and the municipal capital gains tax (plusvalía municipal) and, if they make a gain on the sale, pays tax on it through their personal income tax (IRPF).
Buying and selling a home between private individuals
Selling or buying a flat without an agency is common and perfectly valid, but nobody checks the land registry extract (nota simple), the debts or the contract for you. That is exactly where a property lawyer adds most value: they spot charges, draft the contract and go with you all the way to the notary’s office.
Point by point
What the sale and purchase contract must include
Four points to go through with the contract in front of you, before you sign.
Details of the parties and of the home: address, annexes (garage, storage room), cadastral reference and Land Registry details.
Price, method of payment and amounts already paid as a deposit.
Charges: that the home is sold free of mortgages and seizure orders, or how they will be cancelled.
Annual property tax (IBI) and community fees paid up, the date for handing over the keys and what happens if someone breaches the contract.
Property law
Other procedures for your home
Everything that surrounds buying or selling a home.
Whether you're buying or selling and what stage the contract is at.
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Frequently asked questions
Questions about buying and selling a home
Is a private sale and purchase contract valid?
Yes. But to register the home in your name at the Land Registry (Registro de la Propiedad) you need a public deed before a notary.
Who pays the municipal capital gains tax (plusvalía municipal) on a sale?
By law, on a sale the seller pays it. Something different can be agreed in the contract, but as far as the town hall is concerned the seller remains the person liable.
What documents are needed to sell a flat?
Title deed, the latest annual property tax (IBI) receipt, the community's certificate that fees are paid up, energy performance certificate and, depending on the region, habitability certificate (cédula de habitabilidad).
What is the difference between a deposit contract and a sale and purchase?
The deposit contract (arras) reserves the home and sets the terms; the sale and purchase is the sale itself, which is formalised in the deed before a notary.
Do I need a lawyer to sell a flat between private individuals?
It isn't compulsory, but without an agency nobody checks the paperwork for you. A lawyer helps you avoid hidden charges, badly drafted clauses and problems with taxes.
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